§ 21.2-3. Applicability of ordinance to existing businesses; annexation.

(a)

Except as otherwise specifically provided for in this chapter, the provisions of this chapter shall apply to all persons and adult businesses within the city, regardless of whether such persons or businesses commenced their activities before or after the effective date of the ordinance codified in this chapter.

(b)

Any person who was operating an adult business within the city prior to the effective date of the ordinance codified in this chapter and who is required to make substantial permanent changes to his or her adult business premises by any provision of this chapter, including changes in the configuration and lighting of such premises, shall not be required to make such changes for a period of one hundred twenty (120) days after the effective date of the ordinance codified in this chapter, provided that any such person shall be deemed to be unlawfully operating an adult business if he or she continues to operate such business without making the required changes to the premises within one hundred twenty (120) days after the effective date of the ordinance codified in this chapter.

(c)

If an existing adult business is located in an area that is annexed by the city after the effective date of the ordinance codified in this chapter, any provisions of this chapter that require the licensing of operators, managers or employees of such business, or that require an operator of such business to make substantial permanent changes to the adult business premises, shall not apply for a period of one hundred twenty (120) days after the effective date of the annexation. Any operator, manager or employee of such business shall be deemed to be unlawfully operating or working without a license if he or she fails to apply for and obtain all required adult business licenses and identification cards within one hundred twenty (120) days after the effective date of the annexation. Any operator of such business who is required to make substantial permanent changes to the adult business premises shall be deemed to be acting unlawfully if he or she continues to operate such business without making the required changes within one hundred twenty (120) days after the effective date of the annexation.

(Ord. No. 2076, § 1, 5-11-99)